Beacon Hill Roll Call

The Beacon Hill Roll Call records local senators’ votes on four roll calls from the week of April 30-May 4.

Bob Katzen/bob@beaconhillrollcall.com

How long was last week’s session?

During the week of April 30-May 4, the House met for a total of one hour and nine minutes while the Senate met for a total of three hours and 24 minutes.

The Beacon Hill Roll Call records local senators’ votes on four roll calls from the week of April 30-May 4.

Volunteers at state parks (S 786) — The Senate, 38-0, approved and sent to the House a bill protecting volunteers at state parks from liability for “ordinary negligence,” but holding them liable for “intentional, willful, wanton or reckless misconduct that results in injury or damage to another person.”

Supporters said that ordinary negligence is the failure of a person to exercise the degree of care that a reasonably prudent person would exercise under the same circumstances. They argued that this lack of action is not intentional or reckless and volunteers should not be liable for it.

Some noted that eliminating liability for ordinary negligence would encourage more volunteers at state parks and also reduce the cost of insurance for groups that generate volunteers at state parks.

A “Yes” vote is for the bill. Sen. Bruce Tarr Yes

Massachusetts Commission Against Discrimination (H 3967) — The Senate, 35-0, the House on a voice vote, approved and sent to Gov. Deval Patrick a bill moving the Massachusetts Commission Against Discrimination from the new Executive Office of Labor and Workforce Development back to the Office of Administration and Finance.

The bill reverses the action of the Legislature in February when it approved Patrick’s government reorganization plan that included moving the MCAD to the Executive Office of Labor and Workforce Development.

Article 87 of the Massachusetts Constitution prohibits the Legislature from proposing amendments to a reorganization plan and requires a simple up or down vote on it.

Several legislators at that time expressed concerns about moving the MCAD to the labor and workforce office, but voted for the entire reorganization plan that included the move.

Supporters of last week’s bill said that the MCAD would remain more independent and unbiased under the Office of Administration and Finance. The Patrick administration had argued that the move to the labor and workforce office made sense because more than 80 percent of the commission’s cases are work-related.

A “Yes” vote is for the bill moving the MCAD from the Executive Office of Labor and Workforce Development back to the Office of Administration and Finance.

Sen. Bruce Tarr Yes

Fiscal 2008 revenue prediction (S 2222) — The Senate, 35-0, approved resolutions forecasting that $17.089 billion in tax revenue would be available to fund the 2008 state budget.

Supporters said that it is important to agree on a projected amount of tax revenue that in conjunction with billions in federal reimbursements, fines, fees and other non-tax revenue sources would fund the state budget. They noted that the figure is based on the best information available but acknowledged that these forecasts are always difficult so far in advance.

A “Yes” vote is for the resolutions.Sen. Bruce Tarr Yes

Also up on Beacon Hill

Give adopted children access to birth records (S 63) — The Senate approved and sent to the House a bill giving children adopted before 1974 and after Jan. 1, 2008 access to their birth certificates including the names of their biological parents.

The measure applies only to children who have turned 18 years old.

Children born between 1974 and 2007 would not have automatic access but would still be able to attempt to get a court order to obtain the certificates. The 1974 cutoff date was chosen because the state in 1974 approved a law that required children to get a court order to obtain the records. The measure also sets up a registry that allows biological parents to provide their contact information if they are interested in a reunion with their children.

Supporters said that adopted children have a right to get the names of their biological parents. They noted that this would save lives by allowing these children to have access to their families’ medical history. Opponents said that the bill would increase the number of abortions because biological parents would not longer be guaranteed anonymity.

Supporters countered that states with similar easy access laws have a lower rate of abortion than those with restrictive access laws.

Safe haven for babies (S 2177) — The Senate gave initial approval to a bill extending indefinitely the current law allowing parents to leave their baby under the age of seven days at a police or fire station or hospital emergency room without facing criminal prosecution.

The current law expires on June 30, 2008, unless it is renewed by the Legislature.

Supporters said that the law has worked well and argued that making it permanent would save lives and continue to give young, scared mothers a choice.

The Senate later postponed further action on the bill until July 2.

Supporters of the delay said that the Senate should not act until after a report on the law’s effectiveness is released on June 30.

Education legislation — The Education Committee held a hearing on proposals allowing local school committees the option of establishing dress codes for their public schools (H 388); requiring public schools to implement a specific policy to address teen dating violence (H 490); requiring that students respect senior citizens who are teachers or substitute teachers (S 353) and requiring all visitors to public schools to get permission from the principal or other designated person to enter the building during school hours (H 468). The committee also heard testimony on several proposals to prevent bullying in schools.

Postage for utility bills (H 3368) — The Committee on Telecommunications, Utilities and Energy held a hearing on a proposal requiring electric, gas and telephone companies to provide a return envelope with prepaid postage when sending a bill to any customer over 65 years of age.

Flags — The State Administration and Regulatory Oversight Committee held a hearing on legislation providing that the old South Vietnamese flag be the only flag depicting the country of Vietnam that may be displayed at any state-sponsored public function or in any public school (S 1868).

Supporters say that the red and gold striped flag is a symbol of resilience, freedom, and democracy and was the official flag of South Vietnam from 1954 until that country surrendered to North Vietnam in 1975. They argue that the flag of the current oppressive Communist regime of Vietnam is offensive to many Vietnamese-Americans and should not be used at public events.

The committee’s agenda also included legislation to create a Firefighters’ Memorial Flag and a Police Officers’ Memorial Flag to be used at memorial services or processions to honor Massachusetts firefighters and police officers who have died in the line of duty.

State’s official, wafer, book and syrup — The State Administration and Regulatory Oversight Committee held a hearing on legislation designating squash as the official state vegetable (H 3175); assorted wafers as the official candy (S 3230); Moby Dick as the official book (H 3964) and folk singer Arlo Guthrie’s Battleground Syrup as the official syrup (H 3230).

The only measure against which people testified was Guthrie’s syrup bill. Opponents said that there are more than 250 producers of pure maple syrup in the state and argued that it was not fair to single out Guthrie’s for special treatment. Some noted that Guthrie’s syrup in not even 100 percent maple syrup and includes molasses.

Commission on preventing falls (S 421) — The elder Affairs Committee heard testimony in favor of legislation creating a Commission on Falls Prevention to study ways to reduce the number of falls of senior citizens and to review the effects of the falls on health care costs.